Texas Department of Public Safety Private Security Bureau - Qualified
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Texas Private Security Act CH. 1702.3615(a) - Direct Appeal in Limited
Cases -ANSWER-(a) An applicant may appeal directly to the board the
denial of a license, registration, or security officer commission
application if:
(1) the sole basis of the denial is the applicant's status as a registered
sex offender;
(2) the applicant's status as a sex offender is not based on a criminal
conviction that would make the applicant ineligible under Section
1702.113 or 1702.163; and
(3) the applicant waives the applicant's right to a hearing before the
State Office of Administrative Hearings.
Texas Private Security Act CH. 1702.3615(b) - Direct Appeal in Limited
Cases -ANSWER-(b) A proceeding under Subsection (a) is governed by
Chapter 2001, Government Code. A hearing must be held at a regular
meeting of the board.
Texas Private Security Act CH. 1702.3615(c) - Direct Appeal in Limited
Cases -ANSWER-(c) In a proceeding held as provided by Subsection (a),
the board may approve the application if the board determines the
circumstances surrounding the applicant's registration as a sex offender
warrant approval based on factors previously established by rule.
,Texas Private Security Act CH. 1702.362 - Failure to File Required Notice
-ANSWER-The board may suspend or revoke a license if the license
holder fails to notify the board as required by Section
1702.121 that a manager has ceased to be the manager of the license
holder.
Texas Private Security Act CH. 1702.363 - Application of Administrative
Procedure Act -ANSWER-Except as provided by Sections 1702.3615(b)
and 1702.364, a person regulated under this chapter against whom the
board has taken action is entitled to a hearing before the State Office of
Administrative Hearings. A proceeding under this section is a contested
case that is governed by Chapter 2001, Government Code.
Texas Private Security Act CH. 1702.364(a) - Summary Actions -
ANSWER-(a) On receiving written notice from a law enforcement
agency that a person has been charged with or convicted of an offense
that would make the person ineligible for a license, certificate of
registration, endorsement, or security officer commission under Section
1702.113 or 1702.163, or a rule adopted under Section 1702.004(b),
the department shall:
(1) summarily deny the person's application for a license, registration,
endorsement, or security officer commission;
(2) in the event of pending charges, summarily suspend the person's
license, certificate of registration, endorsement, or security officer
commission; or
,(3) in the event of a conviction, summarily revoke the person's license,
certificate of registration, endorsement, or security officer commission.
Texas Private Security Act CH. 1702.364(b) - Summary Actions -
ANSWER-(b) To initiate a proceeding to take action under Subsection
(a), the department must serve notice to the person. The notice must:
(1) inform the person of the right to a preliminary hearing before the
department;
(2) state the basis for the summary action; and
(3) be personally served on the person or the person's authorized
representative, or sent to the person by certified or registered mail,
return receipt requested, to the person's mailing address as it appears
in the department's records.
Texas Private Security Act CH. 1702.364(c) - Summary Actions -
ANSWER-(c) The action is effective at the time notice is served. The
person shall immediately surrender to the department any certificate
of registration, security officer commission, pocket card, or other form
of identification issued by the department.
Texas Private Security Act CH. 1702.364(d) - Summary Actions -
ANSWER-(d) At a preliminary hearing, the person must show cause
why:
(1) the application should not have been denied;
(2) the registration, license, endorsement, or security officer
commission should not have been suspended; or
, (3) the registration, license, endorsement, or commission should not
have been revoked.
Texas Private Security Act CH. 1702.364(e) - Summary Actions -
ANSWER-(e) ) Chapter 2001, Government Code, does not apply to the
department's initial action under this section or to a preliminary
hearing before the department under this section.
Texas Private Security Act CH. 1702.364(f) - Summary Actions -
ANSWER-(f) The dismissal of a complaint, information, or indictment or
an acquittal releases the person from automatic grounds for a summary
denial of an application or summary suspension of a registration,
endorsement, or security officer commission under this section. A
conviction for the offense giving rise to a summary suspension is
automatic grounds for immediate, summary revocation.
Texas Private Security Act CH. 1702.364(g) - Summary Actions -
ANSWER-(g) The results of the preliminary hearing may be appealed by
requesting, in writing, a hearing before an administrative law judge of
the State Office of Administrative Hearings. On receipt of the request,
the department shall set a hearing and give written notice of the
hearing to the person.
Texas Private Security Act CH. 1702.364(h) - Summary Actions -
ANSWER-(h) The administrative law judge shall make findings of fact
and conclusions of law regarding the person's eligibility for a license,
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Texas Private Security Act CH. 1702.3615(a) - Direct Appeal in Limited
Cases -ANSWER-(a) An applicant may appeal directly to the board the
denial of a license, registration, or security officer commission
application if:
(1) the sole basis of the denial is the applicant's status as a registered
sex offender;
(2) the applicant's status as a sex offender is not based on a criminal
conviction that would make the applicant ineligible under Section
1702.113 or 1702.163; and
(3) the applicant waives the applicant's right to a hearing before the
State Office of Administrative Hearings.
Texas Private Security Act CH. 1702.3615(b) - Direct Appeal in Limited
Cases -ANSWER-(b) A proceeding under Subsection (a) is governed by
Chapter 2001, Government Code. A hearing must be held at a regular
meeting of the board.
Texas Private Security Act CH. 1702.3615(c) - Direct Appeal in Limited
Cases -ANSWER-(c) In a proceeding held as provided by Subsection (a),
the board may approve the application if the board determines the
circumstances surrounding the applicant's registration as a sex offender
warrant approval based on factors previously established by rule.
,Texas Private Security Act CH. 1702.362 - Failure to File Required Notice
-ANSWER-The board may suspend or revoke a license if the license
holder fails to notify the board as required by Section
1702.121 that a manager has ceased to be the manager of the license
holder.
Texas Private Security Act CH. 1702.363 - Application of Administrative
Procedure Act -ANSWER-Except as provided by Sections 1702.3615(b)
and 1702.364, a person regulated under this chapter against whom the
board has taken action is entitled to a hearing before the State Office of
Administrative Hearings. A proceeding under this section is a contested
case that is governed by Chapter 2001, Government Code.
Texas Private Security Act CH. 1702.364(a) - Summary Actions -
ANSWER-(a) On receiving written notice from a law enforcement
agency that a person has been charged with or convicted of an offense
that would make the person ineligible for a license, certificate of
registration, endorsement, or security officer commission under Section
1702.113 or 1702.163, or a rule adopted under Section 1702.004(b),
the department shall:
(1) summarily deny the person's application for a license, registration,
endorsement, or security officer commission;
(2) in the event of pending charges, summarily suspend the person's
license, certificate of registration, endorsement, or security officer
commission; or
,(3) in the event of a conviction, summarily revoke the person's license,
certificate of registration, endorsement, or security officer commission.
Texas Private Security Act CH. 1702.364(b) - Summary Actions -
ANSWER-(b) To initiate a proceeding to take action under Subsection
(a), the department must serve notice to the person. The notice must:
(1) inform the person of the right to a preliminary hearing before the
department;
(2) state the basis for the summary action; and
(3) be personally served on the person or the person's authorized
representative, or sent to the person by certified or registered mail,
return receipt requested, to the person's mailing address as it appears
in the department's records.
Texas Private Security Act CH. 1702.364(c) - Summary Actions -
ANSWER-(c) The action is effective at the time notice is served. The
person shall immediately surrender to the department any certificate
of registration, security officer commission, pocket card, or other form
of identification issued by the department.
Texas Private Security Act CH. 1702.364(d) - Summary Actions -
ANSWER-(d) At a preliminary hearing, the person must show cause
why:
(1) the application should not have been denied;
(2) the registration, license, endorsement, or security officer
commission should not have been suspended; or
, (3) the registration, license, endorsement, or commission should not
have been revoked.
Texas Private Security Act CH. 1702.364(e) - Summary Actions -
ANSWER-(e) ) Chapter 2001, Government Code, does not apply to the
department's initial action under this section or to a preliminary
hearing before the department under this section.
Texas Private Security Act CH. 1702.364(f) - Summary Actions -
ANSWER-(f) The dismissal of a complaint, information, or indictment or
an acquittal releases the person from automatic grounds for a summary
denial of an application or summary suspension of a registration,
endorsement, or security officer commission under this section. A
conviction for the offense giving rise to a summary suspension is
automatic grounds for immediate, summary revocation.
Texas Private Security Act CH. 1702.364(g) - Summary Actions -
ANSWER-(g) The results of the preliminary hearing may be appealed by
requesting, in writing, a hearing before an administrative law judge of
the State Office of Administrative Hearings. On receipt of the request,
the department shall set a hearing and give written notice of the
hearing to the person.
Texas Private Security Act CH. 1702.364(h) - Summary Actions -
ANSWER-(h) The administrative law judge shall make findings of fact
and conclusions of law regarding the person's eligibility for a license,
